The Supreme Court has also ruled that there is no objectively reasonable expectation of privacy (and thus no search) when officers hovering in a helicopter 400 feet above a suspect's house conduct surveillance.
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Mary Beck Briscoe wrote for herself and John Carbone Porfilio that the nexus test, under which, as Paul Kelly wrote in dissent, Anderson had no expectation of privacy, was not sufficient to decide this case.
Warrantless wiretapping can sometimes be justified under section 1 of the Charter'' in cases where exigent circumstances exist; however the Supreme Court of Canada found in R. v. Tse, 2012 SCC 16 that when police use such tactics, they must promptly notify the individual whose reasonable expectation of privacy has been infringed.